Benhart v. Gorham

McInturff,

C.J.—This appeal is from a summary judgment denying crop rental on farmland.

Marilda Benhart, deceased, executed a will in 1966 in which she gave her husband, Arthur, a life estate in 800 acres of her separate farmland. The will provided in pertinent part:

Second: I hereby give, devise and bequeath all real property which I may own at the time of my death to my said husband, Arthur W. Benhart, for his life, . . . subject, however, to the option that I hereby give and bequeath unto Harold Gorham to purchase the real estate ■ for its appraised value at any time within five years after…